TABLE OF CONTENTS

Preface…………………………………………………………………….. i

1. District Context………………………………………………………… 1

1.1. Demographic characteristics………………………………….. 1 1.2. Socio-economic Profile………………………………………….. 1

2. Constituency Profile………………………………………………….. 1

2.1. Demographic characteristics………………………………….. 1 2.2. Socio-economic Profile………………………………………….. 1 2.3. Electioneering and Political Information……………………. 2 2.4. 1992 Election Results…………………………………………… 2 2.5. 1997 Election Results…………………………………………… 2 2.6. Main problems……………………………………………………. 2

3. Constitution Making/Review Process…………………………… 3

3.1. Constituency Constitutional Forums (CCFs)………………. 3 3.2. District Coordinators……………………………………………. 5

4. Civic Education………………………………………………………… 6 4.1. Phases covered in Civic Education…………………………… 6 4.2. Issues and Areas Covered……………………………………… 6 5. Constituency Public Hearings……………………………………… 7 5.1. Logistical Details…………………………………………………. 5.2. Attendants Details……………………………………………….. 7 5.3. Concerns and Recommendations…………………………….. 7 8 Appendices 31 1. DISTRICT CONTEXT

Nyatike Constituency is a constituency in Migori District. Migori District is one of 12 districts of the Nyanza Province of Kenya.

1.1. Demographic Characteristics

Male Female Total District Population by Sex 247,131 267,766 514,897 Total District Population Aged 18 years & 145,282 146,893 292,155 Below Total District Population Aged Above 18 101,849 120,893 222,742 years Population Density (persons/Km2) 257

1.2. Socio-Economic Profile

Migori District:

• Is one of the least densely populated districts in the province, being ranked 8th of the 12 districts; • Has one of the highest primary school enrolment rates in the province, at 76.1%, being ranked 4th in the province and 24 nationally; • Has one of the least secondary school enrolment rates in the province at 15.4%, being ranked 9th in the province and 43rd nationally; • Experiences the following main diseases: diarrhoea diseases, Malaria, sexually transmitted infections, intestinal worms, and typhoid; • Has a 14.5% malnourishment rate of children under 5 years of age, being ranked 4th of 42 of the nationally ranked districts; • Has a life expectancy of 45.7 years being ranked 41 of the 45 nationally ranked districts; • Has an absolute poverty level of 57.63% being ranked 29th of 46 nationally ranked districts; • Has a 41.12% food poverty level being ranked 15th of 42 nationally ranked districts; • Has a monthly mean income of Ksh. 3,909; • Has a 11.36% unemployment rate; • Has 18.60% of its residents accessing clean drinking water; and • 41.40% of its residents having safe sanitation.

Migori district has 4 constituencies: Rongo, Mogori, Uriri, and Nyatike Constituencies. The district’s 4 MPs, each cover on average an area of 501 Km2 to reach 128,724 constituents. This is an opposition stronghold. In the 1997 general elections, NDP won all the parliamentary seats. It won Rongo, Migori, Uriri, and Nyatike constituencies with 66.67%, 64.10%, 77.86%, and 71.88% valid votes respectively.

2. CONSTITUENCY PROFILE

Nyatike Constituency is comprised is of 12 locations of Migori District.

2 2.1. Demographic Characteristics

Total Area per Km2 Density (persons/Km2) Constituency Population 110,285 675.00 163.4

2.2. Socio-Economic Profile

The main economic activity is small-scale fishing.

2.3. Electioneering and Political Information

This is an opposition stronghold. In the 1992 and 1997 general elections, NDP won with 71.88% and 71.88% valid votes. In 992, there was a by-election due to the 1992 elected candidate defecting to KANU; the seat was won by FORD-K with 66.24% valid votes. In 2002, the National Rainbow Coalition won the seat.

2.4. 1992 General Election Results

1992 TOTAL REGISTERED VOTERS 36,788

CANDIDATE PARTY VOTES % VALID VOTES Tom Otieno Onyango FORD-K 19,351 71.88 Zablon Owigo Olang’ KANU 6,327 23.50 David Adundo Oyao PICK 1,163 4.32 Jacob Ouma Orem SDP 79 0.29 Total Valid Votes 26,920 100.00 Rejected Votes 140 Total Votes Cast 27,060 % Turnout 73.96 % Rejected/Cast 0.52

2.5. 1995 By-Election

1992 TOTAL REGISTERED VOTERS 36,788

CANDIDATE PARTY VOTES % VALID VOTES Tom Onyango FORD-K 6,113 66.24 Ochola Ogur KANU 3,116 33.76 Total Valid Votes 9,229 100.00 Total Votes Cast 9,229

3 % Turnout 32.18

2.6. 1997 General Election Results

TOTAL REGISTERED VOTERS 36,589

CANDIDATE PARTY VOTES % VALID VOTES Tom Otieno Onyango NDP 19,351 71.88 Zablon Owingo Olang’ KANU 6,327 23.50 David Adundo Oyao PICK 1,163 4.32 Jacob Ouma Orem SDP 79 0.29 Total Valid Votes 26,920 100.00 Rejected Votes 140 Total Votes Cast 27,060 % Turnout 73.96 % Rejected/Cast 0.52

2.7. Main Problems

• Acute water shortage; • A deteriorating fishing industry; and • Poor roads.

3. CONSTITUTION MAKING/REVIEW PROCESS

3.1. Constituency Constitutional Forums (CCFs)

3.1.1. Philosophy

The Constituency Constitutional Forum (CCF) plays a very significant role in the review of the constitution. It is designated as one of the organs ‘ through which the review process shall be conducted’ - (sec. 4(1) of the Constitution of Kenya Review Act, Cap.3A). The importance attached to the CCF arises from the recognition of the need to involve the people fully in the review of the constitution. Only through such participation of the public will the new constitution reflect the preferences, hopes and aspirations of the people. It would also increase people’s knowledge of constitutional issues, and facilitate their familiarity with the provisions of the new constitution. Additionally, the process, enhances the legitimacy of the constitution among Kenyans and their sense of ownership over it. In these ways the proper implementation and safeguarding of the constitution will be facilitated.

3.1.2. Composition and Establishment

The 1997 Review Act had provided for district forums ‘to mobilize communities at the local level

4 for the purpose of civic education in preparation for the Commission’s work and to perform such other duties as the Commission may assign’ - (sec. 12A (6). The District Forums were to consist of members elected to represent locations, religious organizations, and the disabled, in addition to MPs and members of every local authority in the district. The Act contained several provisions prescribing minimum qualifications for membership and regulating the operations of the District Forums.

The Select Committee of the National Assembly, which reviewed the Act in early 2000, decided to replace the District Forums with Constituency Forums to get views ‘ directly from the people in the constituency without necessarily going through the rigours of an election to determine the members of the forum’. It thought that this would provide for a more popular form of participation. It recommended on the simplification of the forum to avoid elections. The Select Committee envisaged the constituency forum as and ‘open forum with no specific structures’, which should be ‘ flexible and easy to manage’. Its opinion was that the ‘existing leadership comprising Members of Parliament, councilors, community based organizations, religious groups and individuals should be able to present views and opinions directly from the grassroots’ ( The Report of the Parliamentary Select Committee Reviewing the Constitution of Kenya Review Act,1997, April 2000). It removed the regulatory powers of the Commission over the forum, its role being confined to the ‘facilitation’ of the forum. It also changed the function of the forum from the facilitation of civic education to also include facilitation and the collection of the views of the public on proposals to alter the constitution.

In view of the limited role of the CKRC in the establishment of the CCF’s, the CKRC prepared and gazetted Guidelines for the operationalization of the constituency constitutional forums. The Guidelines stipulated that all the residents of a constituency would constitute the CCF. The CCF is described as one of the organs ‘ through which the review process shall be conducted’ - (sec.4(1)). The CCF was thus one of the principal ways in which the views of the public were to be obtained.

In order to coordinate and facilitate the activities of the CCF, a Constituency Constitutional Committee (CCC) was to be established. The Guidelines proposed its membership to consist of 10 persons, of which three would be ex-officio: the local MP, the chair of the County Council in which the constituency is located, and the District Coordinator. The Guidelines stated that the membership would be as broad and representative of the people of the constituency as possible and recommended that at least a third of the committee should be women.

3.1.3. Functions of CCF

• Facilitation of collection of the views of the public at the constituency level on proposals to alter the constitution; and • Debate and discussion of the views of the members of the public on proposals to alter the constitution.

In performance of these functions, the CKRC was required to visit all constituencies (Sec.18 (1)(a)).

3.1.4. Functions of CCC

5 • The functions of the CCC were mainly facilitative and advisory, the primary aim being to enhance the effective participation in the ownership of the constitution review process by the people at the constituency level; • The CCC was also mandated to promote, facilitate and monitor civic education at the constituency level in collaboration with the District Coordinator and civic education providers; • Additionally, the CCC had to ensure that the constituency had access to all information relevant to the review process in coordination with District Documentation centers; and • Finally, the CCC was also mandated with the task of dissemination of the report of the CKRC. It was to be assisted in this by the District Coordinator, who was also its accounting officer, in relation to funds that were made available to it by CKRC.

It is important to emphasize that the Guidelines were advisory, and the local community was free to modify them to suit local circumstances. For example, the size of the CCC could be increased when and if adequate representation and diversity required it.

3.1.5. Date of Commencement of Work

The Constituency Constitutional Forum (CCF) was to run for an initial period commencing November 2001 up to September 2002. Accordingly, each Constituency Constitutional Committee (CCC) should have been constituted at the very latest by the end of November 2001. The Constituency Constitutional Forum was to be operational by that time.

3.2. District Coordinators

3.2.1. Mandate/Terms of Reference

• Be the local grass root representative; • Perform the generalization activities in the district; • Be in charge of the documentation center/s in the district, facilitate its/their respective management, ensuring they are stocked and are easily accessible to the public and also organize their safety and security; • Gathering any relevant local information and materials for the purpose of constitution making; • Facilitate the identification, classification and organization of the physical and electronic retrieval and dissemination of information and materials for constitution making; • Supply such information needed by local constituency forums and committees; • Liaise with other documentation centers nearby and others for information; • In collaboration with constituency committees, identify and arrange venues for public hearing whenever the CKRC visits the constituencies in their area; • Facilitate regular meetings of the constituency committees and involve local people as much as possible in discussing constitutional issues; • Source and identify other key personnel that the CKRC may wish to consult or engage in its work; • Identify and arrange for simultaneous local translations, sign language users, procurement and hiring of public address systems, transport and communication facilities for CKRC’s meetings in the district;

6 • Monitor the implementation of civic education by civic education providers in the district; • Facilitate the formation of constituency committees with guidance and assistance of CKRC; and • Perform any other tasks as directed by CKRC.

3.2.2. Criteria for Appointment

• Diversity in the composition, taking into account ethnicity, age, religion and professional or occupational background; and • Appointees had at least attained Kenya Certificate of Secondary Education or its equivalent.

4. CONSTITUENCY PUBLIC HEARINGS

4.1. Logistical Details

4.1.1. Date and Number of Days for Public Hearings a) Date(s): 18th and 19th June 2002 a) Total Number of Days:

4.1.2. Venue a) Number of Venues: 2 a) Venue(s): 1) Wath Onger Dispensary 2) Sori Secondary School 4.1.3. Panels a) Commissioners 1.Com. Abubakar Zein Abubakar - Chairing 2.Com. Hon. Mrs. Phoebe Asiyo 3.Com. Bishop. Bernard Njoroge a) Secretariat 1.Evelyn Oballa - Programme Officer 2.Yvonne Masinde - Asst. Programme Officer 3.Vivian Muli - Verbatim Recorder

4.2. Attendance Details Category Details Number Number of People 135 Who Presented Male 131 Sex Female 4 Not Stated 0 Individual 124 Presenter Type Institutions 10 Not Stated 1

7 Category Details Number Primary Level 33 Secondary/High School Level 68 College 9 University 14 Educational Background None 10 Not Stated 1 Other (Adult Education/Vernacular/Madrasa/Informal 0 Education) Memoranda 1 Oral 107

Form of Written 4 Presentation Oral + Memoranda 1 Oral + Written 22 Not Stated 0

4.3. Concerns and Recommendations

The following are the recommendations made by the presenters in Nyatike. The recommendations were collated around 43 areas of concern, from the Preamble to National integrity/identity. Only areas where recommendations were made in the constituency are covered. The numbers in parentheses represent the number of times the recommendation (bulleted) was made, either orally or through written memoranda. Each count on a specific recommendation was picked from an individual, a group or an organization. Where a presenter made different recommendations on the same area of concern, each recommendation was counted separately. Where no number appears in parentheses, the recommendation was made only once.

4.3.1. PREAMBLE

• There should be a preamble in the constitution (4) • The preamble should express the national philosophy of Kenyans • The preamble should emphasize the need for national unity in Kenya

8 4.3.2. DIRECTIVE PRINCIPLES OF STATE POLICY

• The constitution should provide for statements capturing national philosophy. • The constitution should provide for the separation of the three arms of the government • The constitution should provide that Kenya be a welfare state • The constitution should provide that Kenya shall always be a multiparty state • The constitution should provide that the law shall apply in a non-discriminatory manner to all Kenyans

4.3.3. CONSTITUTIONAL SUPREMACY

• The constitution should provide that a constitutional amendment shall only be through a public referendum with 80% votes. • The constitution should retain the 65% majority vote requirement to amend the constitution (2). • The constitution should provide parliament with power to amend the constitution. • The constitution should provide parliament with unlimited power to amend the constitution. • The constitution should provide that a constitutional amendment shall only be through a public referendum (4).

4.3.4. CITIZENSHIP.

• The constitution should confer to all persons born of Kenyan parents automatic citizenship. • The constitution should confer to all persons born in Kenya (2). • The constitution should confer automatic citizenship to all persons legally married to a Kenyan citizen irrespective of gender (2). • The constitution should confer to all persons born of at least one Kenyan parent automatic citizenship. • The constitution should provide that all citizens are free to join any political party. • The constitution should provide for dual citizenship. • The constitution should NOT provide for dual citizenship (3). • Registration of ID’s should be decentralized (2). • People should be able to access the national ID regardless of age. • All youths should be given ID’s on attaining 18 years (2). • The national ID should be used as proof of citizenship (3). • Age limit for attaining an ID should be 15 years. • The constitution should provide that all children born in Kenya are given valid Ids, passports and birth certificates at birth

9 4.3.5. DEFENCE AND NATIONAL SECURITY

• The court martial shall be used to discipline the armed forces. • The constitution should provide that defense recruits be between 18 and 40 years • The constitution should provide that GSU shall not participate in times of civil disobedience • The constitution should provide for a naval base at lake Victoria and property laws for lake guards • The constitution should provide for a code of conduct for defense recruits. • The constitution should provide that the president shall be the Commander in Chief of the armed forces (3). • The constitution should provide that the president shall NOT be the Commander in Chief of the armed forces (2). • The constitution should provide that the prime minister shall be the Commander in Chief of the armed forces. • The executive should have the power to declare war. • The constitution should not permit the use of extraordinary powers during emergencies (2). • The president should have the power to invoke emergency powers. • The parliament should have the power to invoke emergency powers.

4.3.6. POLITICAL PARTIES.

• Political parties should mobilize people towards development projects in their constitution (2). • The government should stop deregistration of political parties. • The constitution should regulate the formation, management and conduct off political parties (3). • The constitution should provide that all political parties with less than 10 MPs be de-registered • The constitution should limit the number of political parties in the country to 3 (3). • The constitution should limit the number of political parties in the country to 4 (2). • The constitution should limit the number of political parties in the country to 5 (2). • The constitution should limit the number of political parties in the country to 2. • The constitution should NOT limit the number of political parties in the country. • The constitution should provide that political parties are funded by the government from public coffers (4). • The constitution should provide that political parties are NOT funded from public coffers (3). • The constitution should make provision for formulating the criteria and modalities of financing parliamentary political parties. • There should be no condition on the financing of the political parties. • The party should not have party affliction. • The constitution should provide that the ruling party does not harass opposition parties. • The constitution should provide that the president shall not belong to any political party

4.3.7. STRUCTURES AND SYSTEMS OF GOVERNMENT.

10 • The constitution should retain the presidential system of government (6). • The constitution should provide for a parliamentary system of government (7). • The prime minister should be from the majority party, and should be the head of the government. • The prime minister should appoint the ministers. • The prime minister should be the head of government. • The constitution should provide for creation of a prime ministers post (2). • The prime ministers should hold executive powers. • There should be a ceremonial president (3). • The constitution should allow the formation of a hybrid system of government. • The constitution should provide that the president shares his power with the prime minister • The constitution should provide for unitary system of government • The constitution should not provide for a federal system of government (22). • The constitution should provide for a devolution of power from the central government to the local government • The constitution should provide for devolution of power to the lower levels of government (2). • The constitution should provide that vice president be elected by the people (4). • The constitution should provide that the constitution should provide that the Vice-president be elected by voters. • The constitution should provide that the Vice-president be a running mate of the President. • The constitution should provide that vice president be elected by the parliament. • The VP should be elected with a term of office. • The AG should be appointed by parliament.

4.3.8. THE LEGISLATURE

• The constitution should provide that Members of parliament vet all presidential appointments including cabinet ministers. • The constitution should provide that Members of parliament vet all appointments of senior public servants, head of public service, AG, CJ, ministers, permanent secretaries, PC, ambassadors, parastatal heads, electoral commissioners etc. • The constitution should provide that Members of parliament decide on the number of ministries • The constitution should limit the powers of Parliament • The constitution should provide for parliamentary supremacy • The constitution should expand the functions of Parliament • The constitution should give more functions of Parliament to act as a watchdog of parliament. • Parliament should appoint the AG, CJ, senior government officers and electoral commissioners. • Parliament should have unlimited control of its procedures through having its own timetable (4). • The constitution should give Parliament power to control its own calendar. • The constitution should provide that parliamentary sessions be held every day. • Being an MP should be a full time occupation (2).

11 • Being an MP should be a part time occupation. • The constitution should provide that all aspiring MPs be between 35-75 years • The constitution should provide that all aspiring MPs be below 55 years of age • The constitution should provide that all aspiring MP’s should have a minimum age of 21 years. • The constitution should provide that all aspiring MP’s should have a minimum age of 30 years. • The constitution should provide that all aspiring presidential candidates be below 70 years of age. • The constitution should provide that all aspiring presidential candidates be between 40-70 years. • The constitution should provide that all aspiring presidential candidates should have a minimum age of 40 years. • The constitution should provide that all aspiring presidential candidates should have a minimum age of 35 years. • The constitution should provide that all aspiring presidential candidates be between 35-70 years. • The constitution should provide that all aspiring presidential candidates be between 45-75 years. • The constitution should provide that all aspiring presidential candidates should have a minimum age of 50 years. • The constitution should provide that the president be below 60 years. • The constitution should provide that the president retires at 70 years • The constitution should provide that MPs be at least graduates (3) • The constitution should provide that MPs be at least O level graduates • The language tests for MP’s are sufficient. • The language tests for MP’s should be more elaborate. • MP’s should be fluent in English and Kiswahili. • The constitution should provide for a code of conduct for MPs. • There should be moral and ethical qualifications for the MP’s. • The constitution should give voters the mandate to recall non-performing members of parliament (10). • MP’s should act according to the wishes of the people (2). • The constitution should debar parliament from legislating their own remuneration. • The constitution should provide that salaries of Members of parliament be reduced (4). • The constitution should provide that salaries of Members of parliament should be determined by the public and a few MP’s. • The constitution should provide that salaries of Members of parliament should be determined by the economic experts and lawyers. • The constitution should provide that salaries of Members of parliament should be determined by the public through PSC. • The constitution should provide that salaries of Members of parliament should be determined by a commission. • The constitution should provide that salaries of Members of parliament should be determined by the public service commission. • The constitution should provide that salaries of Members of parliament should be determined by the public. • MP’s and ministers should be pensionable.

12 • The constitution should debar the nomination of members of parliament • The constitution should provide for nomination of the disabled in parliament • The constitution should bar the nomination of members of parliament (3) • Nominated MP’s should NOT be unsuccessful contestants in elections (2). • ½ of the nominated MP’s should be women. • Each party should nominate a woman to parliament • The constitution should provide for more participation of women in parliament • Every district should have at least one woman in parliament. • Measures should be put in place to increase participation of women in parliament. • The constitution should provide that Members of parliament hold regular barazas in their constituencies • The constitution should provide for a coalition government (5). • The constitution should provide for government of national unity • The constitution should NOT provide for a coalition government. • Retain the multi party system. • The constitution should provide for a bicameral parliamentary system (2). • There should be more than one chamber of parliament. • There should be a chamber of parliament in every region (2). • Parliament should have the power to remove the president from office through a vote of no confidence (6). • The constitution should give parliament the power to impeach the president. • The president should have the power to veto legislation passed by parliament (2). • The president should NOT have the power to veto legislation passed by parliament. • Parliament should have the power to override presidential veto. • President should not have the power to dissolve parliament. • President should have the power to dissolve parliament (3). • MP’s should have constituency offices (2).

4.3.9. THE EXECUTIVE

• The constitution should provide that the president be of sound mind and be medically fit • The constitution should provide that the president be a Kenyan citizen and a registered voter. • The constitution should provide that the president be at least a graduate (2). • The constitution should specify the qualifications of a president. • The constitution should provide that the president have a degree, married and high moral standards. • The constitution should provide that the president serve for only 2 terms, each 5 years (7). • The constitution should provide that the president serves for 2 terms of 6 years each. • The constitution should provide that the president serves for 3 terms of 5 years each. • The constitution should provide that the president serves for 2 terms of 4 years each. • The president should appoint the cabinet ministers and the army general. • The constitution should provide that the president shall not be above the law (6). • The constitution should limit the powers of the president (2). • The constitution should debar the president from being chancellor of public universities. • The constitution should not provide for the immunity of the President. • The constitution should provide that the president be subject to the law. • The constitution should debar the president from appointing ministers and senior

13 government officials. • The constitution should provide that the president be an MP. • The constitution should provide that the president shall NOT be an MP (8). • The constitution should provide for the re-enactment of the chiefs act • The constitution should provide for the training of the chiefs and assistants chiefs in psychology, sociology and public relations • The constitution should provide that chiefs and DCs be answerable to the president • The constitution should provide that chiefs be transferable • The constitution should provide that the provincial administration be scrapped • The constitution should abolish the provincial administration structure of government. • The constitution should not allow for women to be elected as chiefs or assistant chiefs • The constitution should provide that chiefs and assistant chiefs be elected • The constitution should provide that chiefs shall be transferable • The constitution should provide for a state governor to replace provincial commissioner. • Provincial administration should be scrapped. • Chiefs should have their secretaries employed by the government. • Provincial administration should be retained. • Provincial administration should be elective. • The village and clan elders should be paid by the government. • Chiefs and their assistants should be empowered to arrest and impose fines. • The size of government should only accommodate 15 ministers.

4.3.10. THE JUDICIARY.

• The constitution should provide that the chief justice should be appointed by the court of appeal judges • • The judiciary should be overhauled to return credibility and public confidence to this otherwise disgraced institution. • The constitution should provide for an increase in the efficiency of the judiciary • The current judicial structure is adequate. • Judiciary should be restructured such that there is efficiency in delivery of justice especially in murder cases, which should not exceed 1 year (4). • The constitution should provide for the independence of the judiciary. • The constitution should provide for improvement in performance of courts • The constitution should abolish the position of advocates in the judicial system • The constitution should provide that chief’s barazas try suspects before they can be taken to court • The constitution should provide that courts operate seven days in a week. • The constitution should provide that courts operate through out the week. • The constitution should provide for a supreme court. • The constitution should provide for a permanent constitutional court (2). • The constitution should provide that high court judges be approved by parliament • The constitution should provide that the judicial commission should be appointed by parliament • The constitution should approve the appointment of the attorney general and chief justice • The CJ should be elected by all the registered lawyers of Kenya. • The CJ should be appointed by the president and he should not appoint the rest of the

14 judicial officers. • The constitution should provide that the judicial commission should appoint the judicial officers. • The constitution should provide that the parliament should appoint the judicial officers. • The CJ should hold a masters degree in law and should have a clean record. • There should be security of tenure for judicial officers. • All Kenyans should have access to courts. • The constitution should provide that those arrested for petty offences should not be put in police cells for more than one week. • The constitution should provide for a decentralization of courts • There should be a provision for judicial review of laws made by legislature. • Land disputes should be handled by the clan elders (2). • The constitution should make a provision for council of elders to be paid by the government or local authority council (2).

4.3.11. LOCAL GOVERNMENT

• The constitution should provide that councilors and mayors of local authorities are elected by the people. • The constitution should provide that chairmen of county councils be elected by councilors. • The constitution should provide that Mayors and councilors be elected • The constitution should provide that Mayors and council chairmen be elected by the people (8). • The current two-year term for the mayors and councilors is adequate (2). • The constitution should provide for a devolution of power from the central government to the local government • The constitution should provide that local authority shall be under the federal government and not the central government. • The constitution should provide that local authority shall NOT be under the central government (2). • Councils should be empowered to manage the affairs of the local authority over the chiefs. • The constitution should provide that all local authority officials have at least secondary school education (12). • Language tests for MP’s should be more elaborate. • Councilors should be fluent in English. • Councilors should be free of any criminal record. • There should be moral and ethical qualifications for councilors. • People should have a right to recall their councilors. • The constitution should provide that councilors be paid by the central government (4). • The constitution should provide that councilors be paid from the consolidated fund • Parliament should determine the remuneration of councilors. • Nominated councilors should be members of DDC. • The nominated councilors should NOT be unsuccessful contestants in elections. • Do away with the concept of nominated councilors. • The minister for local government should have the power to dissolve the local councilors.

4.3.12. THE ELECTORAL SYSTEM AND PROCESS

15 • Kenya should retain the representative form of government. • The simple majority rule should be maintained. • The constitution should provide that in a presidential election, the winning candidate must get at least 50% of the votes cast • The constitution should provide that in a presidential election, the winning candidate must get at least 51% of the votes cast • Any person who looses in an election should not be allowed to contest in another party. • The constitution should provide that anybody who defects from one political party does not join another until after five months • The constitution should debar defections across political parties • The constitution should provide that anybody who defects from a political party is prohibited during elections. • There should be a by election if a councilor or an MP defects to another party. • The 25% representation should be retained. • There should be seats reserved for the disabled persons, women, minority groups etc. • Kenyan boundaries of every province should be re-defined. • Constituencies and civic wards should be demarcated according to the population. • There should be more constituencies in Kenya. • Constitution should provide for further demarcation of constituencies to ensure adequate representations. • The constituencies should be subdivided but retain the wards. • The constitution should provide for the subdivision of constituencies which are too big • The constitution should provide for a separation of parliamentary, civic and presidential elections (4). • The constitution should provide that ballot boxes be transparent. • The constitution should provide that the voting process be computerized • The constitution should provide that registered voters be free to vote at any polling station • The constitution should allow for passports, IDS and birth certificates to be used in voting • The constitution should ensure for free and fair elections • Voter registration should be a continuous process. • Ballot boxes should be put in places where its convenient for the disabled and the elderly, disabled should have a right to represented by the guardian during the elections. • All Kenyans who attains the age 18 years and above should be able to vote. • The constitution should provide for a ceiling of election expenditures • The constitution should provide that the date for general election made known to the public (4). • President should be done by the delegates. • President should be elected directly by the people (5). • The 2002 elections should be held under the current constitution. • The 2002 elections should be not be pegged on the constitutional review. • The electoral commissioners should be well educated. • The president should appoint the members of the electoral commission (2). • Parliament should appoint the members of the electoral commission • The constitution should provide that electoral commissioners be elected by parliament • The constitution should provide for the autonomy of the electoral commission of Kenya • The constitution should provide for the autonomy of the electoral commissioners should have security of tenure.

16 • The constitution should provide that the ECK be funded by the exchequer. • The constitution should provide that counting of votes be done at polling stations (2).

4.3.13. BASIC RIGHTS

• The Kenya Bill of Rights should incorporate all fundamental human rights. • The basic rights have not adequately been provided for in the constitution. • The constitution should protect all rights and liberties of individuals. • There should be freedom of assembly, worship, association, expression and movement. • The constitution should limit freedom of worship to worship for SDAs by declaring Saturday a holy day • The constitution should limit freedom of worship to worship of God alone • The constitution should abolish the death penalty (2). • The constitution should retain the death penalty. • The constitution should protect the basic rights of food, healthcare, water, employment, security and education (3). • The constitution should provide for free medical care, housing, water, employment, medical care and pensions payable to the retired people. • There should be free medical care (4). • There should be free education (2). • The constitution should provide for children to be taught religion to improve morals. • The constitution should provide for free low cost housing for all Kenyans. • The government should provide food for the citizens. • The constitution should guarantee provision of relief food for drought stricken areas • The constitution should provide for free government training institutions • The constitution should give judges the sole mandate to review salaries • The constitution should provide for employment to be based on people’s interest and not age. • Teachers of the lakeshore should be paid hardship strains. • The constitution should make provision for one-man one job. • The constitution should peg the retirement age at 65 years (2). • The constitution should peg the retirement age at 60 years. • The constitution should increase the retirement age. • The government should provide employment for graduates. • The constitution should provide that all workers in hardship areas be given hardship allowances • The constitution should provide that retirees be paid their duties immediately • The constitution should ensure that pensioners receive their money in lump sum. • The government should begin a social welfare scheme. • The government should give the poor some allowance. • Those that are 55 and above should be pensionable. • The government should give sustainance allowance for all people. • The constitution should provide for free and compulsory education (2). • The constitution should provide for free and compulsory primary education (14). • The constitution should provide for free and compulsory university education (2). • The constitution should provide for free and compulsory secondary education (2). • The constitution should provide for free and compulsory education up to standard seven. • The constitution should provide that civic education and the constitution are included in

17 the school syllabus • The constitution should provide for the constitution to be translated into all vernacular languages and Kiswahili for all Kenyans to understand • The constitution should provide that reports of all commissions of inquiry be made public within 6 months • The new constitution should provide that Kenyans should have access to information in the hands of the state (2). • Debate in parliament should be live in all media stations. • The constitution should provide freedom for all workers to have trade union representations • The labor movement and trade unions should be divorced from government and protected against state entrenchment to endure sufficient independent in the protection of workers interests.

4.3.14. THE RIGHTS OF VULNERABLE GROUPS

• The constitution should address the issues of women adequately. • The constitution should protect the rights of women. • The constitution should provide for more schools for the disabled • The constitution should guarantee free education opportunities for the disabled • The constitution should guarantee free health services for the disabled. • Sign language should be made available in all public places including the banks, the disabled should elect the disabled leaders at both local and parliamentary elections • The disabled should not be discriminated against. • The vulnerable groups should be budgeted for. • The constitution should provide for orphans to obtain school bursaries. • The constitution should provide for government rehabilitation and education of street children. • The constitution should debar girls from inheriting property • The constitution should provide illegitimate children with full rights • The government should protect and provide for all children in Kenya. • The girl child should be given the right to education like the boy child. • The young persons act and the African charter and the UN Convention should be incorporated. • There should be no corporal punishment. • The constitution should provide for old women to be taken care off • The constitution should provide for free medical check up for AIDS patients. • The constitution should provide for the rights of the orphans (2). • The constitution should provide for affirmative action in favour of widows and orphans • The constitution should provide for affirmative action for the disabled • The constitution should allow for affirmative action in favour of women • The constitution should provide for affirmative action in favour of the disabled • The constitution should guarantee that suspects are compensated for unlawful confinement • The constitution should provide for prisoners to be allowed to meet their spouses • The rights of prisoners should be incorporated in the constitution • The constitution should do away with remanding of criminals.

18 4.3.15. LAND AND PROPERTY RIGHTS

• Land should be owned by the individual. • Land should belong to the family. • All title deeds issued to illegally acquired land should be nullified. • Children of both sexes should have a right t0 inherit property. • Girls should not inherit their ancestral land. • Girls should inherit land from their fathers. • The constitution should provide that land issues be handled by clan elders • The constitution should provide that title deeds be issued to enable land owners to access credit • The constitution should prohibit grabbing of public land and prosecute any land grabber • Land issues shall be handled by clans and family members (2) • There should be a ceiling on land ownership • The constitution should provide that subdivision of land be free • Land boards shall be decentralized to the lowest levels to ensure citizens can obtain land title deeds easily. • The issuance of land title deeds should be decentralized to the divisional level. • Land transfer should be done free of charge (2). • The land transfer procedure should be eased by being less expensive especially in accessing land title deeds. • Men and women should have equal ownership of land (3). • Title deeds should bear the names of both husband and wife. • All Kenyans should be provided with land.

4.3.16. CULTURAL, ETHNIC AND REGIONAL DIVERSITY AND COMMUNAL RIGHTS

• The constitution should promote and protect cultural and ethnic diversity (2). • The constitution should provide that village elders replace chiefs and be given uniforms • The constitution should provide that wife inheritance be scrapped • The constitution should provide that wife inheritance be made mandatory • The constitution should provide that AIDS tests be done before wife inheritance • The constitution should provide that women are not forced to marry to replace their dead sisters • The constitution should provide for the remuneration of clan elders • The constitution should abolish tribalism • Forced early marriages should be stopped. • Relatives of dead husbands should not be allowed to take all the property he left behind.

4.3.17. MANAGEMENT AND USE OF NATIONAL RESOURCES

• The executive should account for finances given to respective ministries. • Parliament should retain the power to authorize the raising and appropriation of public funds. • Other forms of raising funds are industrialization around the Lake, irrigation projects and cotton plantation. • The constitution should provide for equality in distribution of national resources (3). • Taxes from a certain area should be used to develop the area. • 75% of benefit of resources from a particular area should be remitted to the central 19 government the rest be used to develop the area. • Government should apportion part of the revenue to develop the place of origin (4). • 75% of benefit of resources from a particular area should be used to develop the area. • The auditor should be independent. • The auditor general should be reporting to parliament. • The auditor general should give quarterly reports to parliament concerning the use of public finances. • The auditor general should be appointed by parliament. • Parliament should control the government expenditure. • Civil servants should be well paid. • The constitution should guarantee that all citizens above 50 years be pensionable • The constitution should guarantee that teachers and nurses are remunerated well for their services to enhance the quality of their services • The constitution should provide that all employment be based on merit • The constitution should provide that pension is paid immediately one leaves office • The constitution should provide that nominated members of parliament do not hold ministerial posts • Cabinet ministers should be experts in different fields and should not be MP’s (5). • All government retirees should not be appointed as parastatal heads. • The constitution should provide a code of conduct for the President • The constitution should debar civil servants from running businesses when in office • The constitution should provide every civil servant declares his wealth • The constitution should provide that the president declares his wealth.

4.3.18. ENVIRONMENT AND NATURAL RESOURCES

• The constitution should provide for protection of water catchment areas • The constitution should provide that perpetrators of soil erosion be jailed • The constitution should provide for irrigation farming in marginal areas • The constitution should provide for environmental education at all levels of education • The constitution should provide for strong anti-pollution measures • The constitution should provide that farmers be compensated for damage on crops by wildlife • The constitution should provide for a review of miners act to allow miners to use minerals obtained • Environmental issues should be made compulsory at all levels of education • The government should enforce environmental protection terms by imposing heavy penalties heavy penalties on environmental polluters. • A government body should fight corruption as a degradation of forests. • The government should put in place measures to protect the environment (2). • Natural resources should be owned by the local authority. • Local people should protect the natural resources. • The constitution should provide that communities be given first preference in benefiting from local natural resources.

4.3.19. PARTICIPATORY GOVERNANCE

• The NGO’s and the civil society should participate in governance.

20 • The government should create awareness on their objectives and project goals to the community that they are attending to and let them be signatories to the financial accounts of the project. • The government should stop deregistration of NGO’s. • The constitution should provide for representation of the disabled in parliament • The constitution should provide for women to be made president. • Women should be given a chance in governance. • The constitution should provide for equal presentation of men and women in land boards • Persons with disabilities should be given a chance in governance. • The youth should be given a chance in governance. • The elderly should be given a chance in governance.

4.3.20. INTERNATIONAL RELATIONS

• Agreement on the use of Lake Victoria should be reviewed and the people around Lake Victoria should be allowed to use the water for irrigation purposes. • Laws made by the international bodies should have immediate effect in Kenyan laws.

4.3.21. CONSTITUTIONAL COMMISSIONS, INSTITUTIONS AND OFFICES

• The constitution should provide for a special commission to look into the behavior and performance of the defense and security system. • The constitution should provide for a special commission to look into the performance of the judicial system in the country • The constitution should provide for a special commission to look into the problem of corruption in the country • The constitution should provide for an office of Ombudsman with branches at the local level • The constitution should provide for a special human rights commission • The constitution should provide for a special gender commission. • The constitution should provide for a special anti-corruption commission (3). • The constitution should provide for a special lands commission. • The constitution should provide for an independent truth and reconciliation commission to promote national reconciliation for healing harmonies existence political hatred brought about by a decondent political dictatorship. • The constitution should provide for a special environmental commission • The constitution should provide for a special commission to look into the welfare of orphans and the disabled • The ministry of justice and peace should be established.

4.3.22. SUCCESSION AND TRANSFER OF POWER

• The constitution should provide that during the transition period, presidential powers rest with an interim government • The constitution should provide that during the transition period, presidential powers rest with the chief justice • The constitution should provide that during the transition period, presidential powers rest

21 with the Attorney General • The constitution should provide that during the transition period, presidential powers rest with the speaker (4). • The constitution should provide that during the transition period, presidential powers rest with the chief of general staff. • The incoming president should assume office 3 months after the elections. • The president should be sworn in by the AG. • The president should be sworn in by the chief justice. • The former president should be given security. • The former president should be given welfare. • The former president should be given immunity from legal process.

4.3.23. WOMEN’S RIGHTS

• The constitution should consider the needs of women. • The constitution should debar women from inheriting ancestral land • The constitution should provide for strict penalties harassment and marriage of underage girls • The constitution should provide for non-discrimination of women in inheritance matters (11). • The constitution should provide for women to get title deeds to obtain loans • The constitution should provide for women to be allocated land before they are married • Medical tests should be a requirement for the people who wish to marry. • The constitution should provide that both first and second marriages should be vetted by the government. • The constitution should introduce compulsory marriage age bracket. • The constitution should provide for men to cater for their illegitimate children. • Fathers should ensure child support and maintenance (3). • The constitution should protect women from domestic violence (2).

4.3.24. NATIONAL ECONOMIC Domestic Trade Issues • The government should give incentives to attract domestic trade. • The constitution should provide for price controls to protect retailers • The constitution should provide that the Kenya bureau of standards regulates the standard of products available in the market • The constitution should barn importation of locally produced goods • The constitution should provide only allow foreign firms which have local partnership

Economic Liberalization • All public co-operations should be privatized. • The government should ensure price controls on all consumer products to protect against hording and hiking of prices (2). • All government owned industries and companies should be privatized.

Industrialization • The constitution should establish processing factories along Lake Victoria.

22 Poverty Reduction • The government should put in place measures to reduce poverty in Kenya. • Kenya should fight poverty with new strategies.

Physical, Economic and Social Infrastructure • The constitution should ensure that the roads are in good conditions to ease movement so as to avert emergency crisis. • The constitution should provide that taxes be utilized to develop and maintain infrastructure

NATIONAL OTHER HIV Aids • HIV Aids tests should be a requirement for every couple intending to get married. • Government should ensure funds are allocated for Aids treatment and management rather than disbursing a lot of funds to AIDS awareness. • Uphold the custom on wife inheritance.

Public Safety & Security • The citizens should be authorized to bear arms for self-defense. • Police should be well trained and should work for the public security. • The national youth service should be engaged in active roles in protecting the public. • The police should issue a warrant of arrest. • The constitution should protect citizens from police harassment. • When the police take accident victims to hospitals they should ensure people have been taken home and not forgotten in the hospitals. • The constitution should debar the police from harassing and torturing innocent civilians • The constitution should debar police from torturing prisoners

Corruption • The constitution should put a mechanism to curb corruption (3). • All people convicted of corruption involving public finances or property should be made to return what they stole. • The constitution should provide that public officers convicted of corruption be also made to repay the full amount of monies embezzled.

4.3.25. SECTORAL Agriculture • The constitution should recognize centrality and vitality of the agricultural sector in our economy. • The sugar Act 2001 should be implemented. • The government should use water from Lake Victoria to irrigate the arid lands of the Lake region (7). • The government should support the agricultural sector. • The government should give free seeds to farmers. • The constitution should provide that lake Victoria be used as a source of irrigation water for local residents • The constitution should provide that farmers be paid directly for their agricultural produce. • The constitution should subsidize all farmers with free seeds 23 • The constitution should guarantee for efficiency of extension officers • The constitution should provide that KCC be rehabilitated to benefit farmers • The constitution should provide that farmers take full control of cooperative societies • The constitution should provide that the government develops arid areas • The constitution should provide that the government should provide loans to farmers. • The constitution should provide for cotton ginneries to be established in cotton growing areas • The constitution should provide that the Nile treaty be renegotiated to allow use of lake Victoria waters

Manufacturing • The constitution should ensure that factories are constructed at the regions from where the raw materials are found. • The government should expand the factories and industries in a policy and decentralization to create more employment.

Education • The 8.4.4 system of education should be replaced. • The local council should provide primary education and secondary education should be made cheaper. • Civic education should be made compulsory in the education system and the constitution should be taught in schools. • The teaching of brail and sign language should be included in the education curriculum. • The government should support the private schools. • A university for the disabled should be established. • There should be cost sharing in secondary and university levels of education (2). • The 7.4.2.3 system of education should be reintroduced (5). • Nursery school teachers should be paid by the government. • The schools equipments scheme should be reintroduced • Women teachers should have relievers who should do their work while out on maternity leave. • Nursery education should be directly under the ministry of education, primary education should be made compulsory for all; computer studies should be made compulsory at schools. • Primary school budget should be made as for university, which should stand at 150 million. • The government should ensure that students are provided with textbooks. • The education system should be tailored to allow people to be self-reliant. • The government should provide primary schools equipment and stationeries. • Exam fees for primary schools should be abolished. • University education should be made affordable and meals should be free. • Education should be very adequate for upward morality in the social structure. • The government should make training of teachers free. • The government should provide school equipment for nurseries. • The constitution should guarantee that more teachers are employed in primary schools • The constitution should provide for the autonomy of public universities • The constitution should provide for a revision of the teachers service commission Act • The constitution should provide for a review of the education system in order to make

24 training relevant for the requirements of the job market • The constitution should provide for a review of the education system to revert to the old system • The constitution should ensure that that education equipment are equally distributed to all public schools • The constitution should provide that the board of governors control running of public schools • The constitution should provide that parents teachers associations rather than board of governors control the running of public schools • The constitution should provide that sporting activities in primary schools be promoted. • The constitution should provide that more funds be allocated to basic than to higher education

Public Finance (fiscal policy) • Harambee funds for public institutions should be stopped. • The constitution should provide for a reduction of taxes by 40% • The constitution should provide that the budget is approved by the public rather than by parliament • The constitution should guarantee that tax revenue is used to develop local areas

Monetary Policy • The new constitution should establish and protect the banking system by incorporating Dondes Bill into the constitution. • The constitution should provide that the national currency/legal tender has a permanent face.

Health • The cost sharing policy in health services should be abolished (2). • Government doctors and nurses should not be allowed to run private clinics. • The government should manage the health care system in the country. • Traditional medicine should be integrated within the hospital system. • Herbalists should be integrated into medical practice. • The constitution should guarantee that traditional medicine be integrated with modern medicine • The constitution should debar doctors and nurses in public hospitals from running private clinics • The constitution should provide for the equipping of public hospitals • The constitution should provide that community health is taught to all

Information Technology • The media should not be abused, it should inform issues.

Small Enterprise Development • The government should provide finance help for the people to start small businesses. • The government should provide finance help the women to start small businesses. • The constitution should promote and protect the Jua Kali sector.

25 Transport & Communication • The government should improve the transport system in Nyatike. • The constitution should abolish the position of traffic policemen

Fishing Issues • The constitution should develop mechanism through which Lake region people benefit from its resources. • The constitution should ban fishing by use of brooders (2). • The constitution should protect and promote fishing by the Lake region (2). • The returns from trade in fish should be used to develop Nyatike. • Government should give increments to the fishery industry. • Government should give incentives and credit facilities to the fish farmers. • The constitution should provide abolish the role of middlemen in fishing • The constitution should provide for fish processing plants near the lake • The constitution should provide for rural electrification to preserve preservation of fish • The constitution should provide that proceeds from fish exports be used to develop the local area • The constitution should provide that the government establishes fish factories and also assists in fish exports • The constitution should provide for fishing boards to address the problems of fishermen • The constitution should provide for broad guidelines for the management of the fishing industry. • The constitution should guarantee that the government provides fishing facilities to fishermen • The constitution should guarantee that the government issues fishing licenses to fishermen without discrimination

Mineral Exploration & excavation • The constitution should provide gold miners with loans to carry out small scale mining

Parks & Wildlife Services • Government should pay the victims of wildlife (2).

4.3.26. LEGAL SYSTEMS

Customary Law • The government should enshrine customary laws of various societies or communities.

Statutory Law • Detention without trial should be outlawed. • Those who impregnate girls should be punished. • Rapists should be jailed for not less than 20 years. • The constitution should put in strict penalties on rapists such as life imprisonment. • The constitution should provide for strict penalties such as 20 year jail term for rape • The constitution should provide for strict penalties such as life imprisonment for rape • The constitution should legalize local brews • The constitution should provide that traditional liquor be legalized

Bills

26 • The Bill of children’s rights should be implemented.

4.3.27. GENERAL & CROSSCUTTING THEMES Gender Equity • The principle of gender equity should be entrenched in the constitution (2).

Economic/Social Justice • The constitution sho8uld put in place mechanisms to curb economic sabotage, economic fraud and other economic crimes.

27 Appendix 1: Members of the Constituency Constitutional Committee

1. Hon. Tom Onyango MP 2. Joseph O. Oguttu DC 3. Maurice Junga Warega Chairman 4. John O. Mango 5. Maurice Agwanda Atieno 6. Lilian Adhiambo 7. Mary Goreti Apiyo 8. Mrs. Dorothy Oguda 9. Lucas Ogweno Yara 10. John Osala Khotuody

28 Appendix 2: Persons presenting memoranda and/or making oral submissions.

1 0001OMNNY Johnson Okello CBO Written Nyatike Divison Disabled Com 2 0004OMNNY Mark Odoyo CBO Oral - Public he Nyamache Youth Group 3 0005OMNNY Nashon K'Odiwa CBO Written Vision Youth Group 4 0008OMNNY Otieno George CBO Written Lake Region Development Prog 5 0002OMNNY Ouma O. Oluoch. CBO Written Village Elders Kiasa Sub Loc 6 0006OMNNY Simons Orondo CBO Written Isumba Women Group 7 0046IMNNY Alfred O Owino Individual Oral - Public he 8 0088IMNNY Alilason Oloo Individual Oral - Public he 9 0038IMNNY Alois Kadwa Individual Oral - Public he 10 0006IMNNY Amara G. Odongo Individual Written 11 0087IMNNY Andrekus Odero Individual Oral - Public he 12 0067IMNNY Andrew Ojunga Individual Oral - Public he 13 0007IMNNY Benson A Ogur Individual Written 14 0020IMNNY Bishop Otieno Individual Written 15 0090IMNNY Boaz Mboya Individual Oral - Public he 16 0031IMNNY Charles Ogutu Individual Oral - Public he 17 0009IMNNY Cllr. David Okello Individual Written 18 0055IMNNY Cllr. David Okelo Individual Oral - Public he 19 0027IMNNY Cllr. John O Mango Individual Oral - Public he 20 0037IMNNY Cyprian Akatch Individual Oral - Public he 21 0094IMNNY Dan Alela Individual Oral - Public he 22 0016IMNNY David 0 Ogada Individual Written 23 0060IMNNY David Adendi Individual Oral - Public he 24 0100IMNNY David Orata Individual Oral - Public he 25 0112IMNNY Dickson Auma Individual Oral - Public he 26 0127IMNNY Dickson Ondhiwa Individual Oral - Public he 27 0001IMNNY Dorothy Oguda Individual Written 28 0105IMNNY Duncan Ndiro Individual Oral - Public he 29 0048IMNNY Edward O Elisha Individual Oral - Public he 30 0120IMNNY Elias Oguda Individual Oral - Public he 31 0035IMNNY Elijah Asiago Individual Oral - Public he 32 0064IMNNY Elphas Mbewa Individual Oral - Public he 33 0026IMNNY Elphas Ndege Individual Oral - Public he 34 0072IMNNY Elphas Okongo Individual Oral - Public he 35 0097IMNNY Equator Oure Individual Oral - Public he 36 0125IMNNY Erastus Odoyo Individual Oral - Public he 37 0092IMNNY Ernest Ohanya Individual Oral - Public he 38 0126IMNNY Ernest Oracho Individual Oral - Public he 39 0084IMNNY Ezra O Dickson Individual Oral - Public he 40 0068IMNNY Francis Magather Individual Oral - Public he 41 0013IMNNY Francis Yara Individual Written 42 0008IMNNY George Open Individual Written 43 0086IMNNY Gilbert Penena Aono Individual Oral - Public he 44 0099IMNNY Harrison Obuoyo Individual Oral - Public he 45 0017IMNNY Harrison Onyando Individual Written 46 0091IMNNY Herman Ochuodho Individual Oral - Public he 47 0089IMNNY Hesbon Ouko Individual Oral - Public he 48 0058IMNNY Hezron Odek Individual Oral - Public he 49 0054IMNNY Isaya Jakech Individual Oral - Public he 50 0044IMNNY Jackson O Okoth Individual Oral - Public he 51 0116IMNNY Jackton Owour Individual Oral - Public he 52 0003IMNNY Jacob Mola Individual Written 53 0080IMNNY Jad Johnson Ologi Individual Oral - Public he 29 54 0078IMNNY James Kotuody Individual Oral - Public he 55 0077IMNNY James S Otumba Individual Oral - Public he 56 0128IMNNY Jane A Osanga Individual Oral - Public he 57 0109IMNNY Jasper Osogo Individual Oral - Public he 58 0075IMNNY Joel Oloo Ndire Individual Oral - Public he 59 0117IMNNY Johannes Nyauchi Individual Oral - Public he 60 0050IMNNY Johannes Oyaro Individual Oral - Public he 61 0074IMNNY John Aloo Individual Oral - Public he 62 0095IMNNY John Awino Individual Oral - Public he 63 0123IMNNY John O Nyabuor Individual Oral - Public he 64 0062IMNNY John O Otenga Individual Oral - Public he 65 0069IMNNY John Otieno Individual Oral - Public he 66 0106IMNNY John Otieno Individual Oral - Public he 67 0039IMNNY John S Asimba Individual Oral - Public he 68 0101IMNNY Johnson Obuoyo Individual Oral - Public he 69 0047IMNNY Joseph Kwaka Individual Oral - Public he 70 0051IMNNY Joseph Mola Individual Oral - Public he 71 0093IMNNY Joseph Ngao Individual Oral - Public he 72 0061IMNNY Joseph O Lago Individual Oral - Public he 73 0070IMNNY Joseph Ojowi Individual Oral - Public he 74 0019IMNNY Joseph Owino Kaserah Individual Written 75 0124IMNNY Joseph Tiany Nyaloo Individual Oral - Public he 76 0049IMNNY Joshua Ouma Individual Oral - Public he 77 0036IMNNY Josphat O Olum Individual Oral - Public he 78 0111IMNNY Kennedy Nyang'wecha Individual Oral - Public he 79 0018IMNNY Lawrence O Otieno Individual Written 80 0118IMNNY Lawrence Ododa Individual Oral - Public he 81 0122IMNNY Lawrence Otieno Individual Oral - Public he 82 0004IMNNY Margaret Ogur Individual Written 83 0029IMNNY Margret Ogur Individual Oral - Public he 84 0043IMNNY Mark Odhiambo Individual Oral - Public he 85 0030IMNNY Mark Odoyo Individual Oral - Public he 86 0081IMNNY Maurice Atieno Individual Oral - Public he 87 0034IMNNY Maurice Marera Individual Oral - Public he 88 0071IMNNY Maurice O Olem Individual Oral - Public he 89 0108IMNNY Maurice Ogola Individual Oral - Public he 90 0014IMNNY Maurice Warega Individual Written 91 0103IMNNY Meshack Konje Individual Oral - Public he 92 0057IMNNY Mola Individual Oral - Public he 93 0121IMNNY Moses Okoth Individual Oral - Public he 94 0076IMNNY Nelson Achar Individual Oral - Public he 95 0066IMNNY Nelson Ochieng Individual Oral - Public he 96 0015IMNNY Ochieng Nasser Individual Memorandum 97 0056IMNNY Onduso D Ouko Individual Oral - Public he 98 0024IMNNY Ouma O Oluoch Individual Oral - Public he 99 0040IMNNY Paul N Otieno Individual Oral - Public he 100 0107IMNNY Paul Okaka Individual Oral - Public he 101 0065IMNNY Paul Olemo Individual Oral - Public he 102 0041IMNNY Paulo Marera Individual Oral - Public he 103 0129IMNNY Peris Ogutu Individual Oral - Public he 104 0025IMNNY Peter Muga Individual Oral - Public he 105 0053IMNNY Peter O Nyong'o Individual Oral - Public he 106 0113IMNNY Peter O Odero Individual Oral - Public he 107 0023IMNNY Peter Obosi Individual Oral - Public he 108 0079IMNNY Peter Obosi Individual Oral - Public he 109 0096IMNNY Philemon Omondi Individual Oral - Public he

30 110 0085IMNNY Phillip Gor Nyaimbo Individual Oral - Public he 111 0073IMNNY Phillip N Oyier Individual Oral - Public he 112 0011IMNNY Polycarp O Ologi Individual Memorandum 113 0114IMNNY Ramalus Ngao Individual Oral - Public he 114 0115IMNNY Raphael Odundo Individual Oral - Public he 115 0110IMNNY Raphael Ojiwa Individual Oral - Public he 116 0005IMNNY Richard M. Ogiro Individual Written 117 0042IMNNY Richard Otieno Individual Oral - Public he 118 0032IMNNY Rtd. Major Silas Opiyo Individual Oral - Public he 119 0102IMNNY Samson Arwa Individual Oral - Public he 120 0083IMNNY Samson O Majiwa Individual Oral - Public he 121 0028IMNNY Samuel K'Onungh Individual Oral - Public he 122 0045IMNNY Samuel O Amollo Individual Oral - Public he 123 0022IMNNY Samuel O Ogenga Individual Oral - Public he 124 0082IMNNY Samuel Odero Individual Oral - Public he 125 0052IMNNY Shadrack Odhiambo Individual Oral - Public he 126 0059IMNNY Silas Saronge Individual Oral - Public he 127 0010IMNNY Silas Saronge Individual Written 128 0033IMNNY Silferus Saveiga Individual Oral - Public he 129 0021IMNNY Simon Awidhi Individual Oral - Public he 130 0119IMNNY Simon Ochola Individual Oral - Public he 131 0012IMNNY Stephen H. Kichonge Individual Written 132 0098IMNNY Tom Ouko Individual Oral - Public he 133 0063IMNNY William Odhiambo Individual Oral - Public he 134 0104IMNNY Willison Oswago Individual Oral - Public he 135 0002IMNNY Zakayo O. Kerario Individual Written 136 0007OMNNY John Okeyo NGO Written Rural Lake Region 137 0003OMNNY Jackson Siso Other Institutions Written Agenga Secondary School

31 Appendix 3: Persons Attending Constituency Hearings

No Name Address: No Name: Address: 1Joel Oloo Ndire P.O. Box 174, Karungu 25Boas Mboya P.O. Box 22, Karungu 2Nelson Okoth Acha P.O. Box 50, Karungu 26Zedekia Odiyo P.O. Box 125, Karungu 3James Samwel otumb P.O. Box 51, Karungu 27Samwel Ogutu P.O. Box 51, Karungu 4Vitalis O. Byulu P.O. Box 20, Karungu 28Jackton Owuor P.O. Box 12, Karungu 5John o. Kotuodi P.O. Box 92, Ndhiwa 29Sospeter Odiwa P.O. Box 105, Karungu 6Joseph O. Oguttu P.O. Box 964, Migori 30Ondiwa Nashason P.O. Box 29, Karungu 7Lucas O. Yara P.O. Box 20, Gunga 31John Amisi P.O. Box 29, Karungu 8Peter Obosi P.O. Box 56, Otho 32Ogada Omondi P.O. Box 29, Karungu 9Johnson Ologi P.O. Box 47, Karungu 33Okello Jack P.O. Box 29, Karungu 10Maurice A. Atieno P.O. Box 77, Karungu 34Harrison Ochieng' P.O. Box 29, Karungu 11Francis P. X. Yara P.O. Box 40322, Nairobi 35Joash Mwambo P.O. Box 29, Karungu 12Samwel O. Simwa P.O. Box 50, Karungu 36Roseline Midenga P.O. Box 29, Karungu 13Maurice J. Warega P.O. Box 85, Macader 37Susan Magani P.O. Box 29, Karungu 14Samson O. Majiwa P.O.Box 47, Karungu 38Hezman Ochuodho P.O. Box 20, Karungu 15Ezra O. Dickson P.O. Box 51, Karungu 39Heznest Oanya P.O. Box 3, Karungu 16Joshua O. Owaja P.O. Box 77, Karungu 40Joseph Otieno P.O. Box 47, Karungu 17Philip Gor Nyaimbo P.O. Box 22, Karungu 41Olang'o Julias P.O. Box 160, Karungu 18Gilbert Aoro P.O. Box 3, Karungu 42Esakiel Msungu P.O. Box 112, Karungu 19Andrecus Ogege P.O. Box 51, Karungu 43Onsino Wiva P.O. Box 29, Karungu 20Elphas Yongo P.O. Box 65, Karungu 44John Awino P.O. Box 47, Karungu 21Oganda David P.O. Box 29, Karungu 45Silvarus Owidhi P.O. Box 69, Karungu 22Ochieng Nassa P.O. Box 29, Karungu 46Filmon Omindi P.O. Box 94, Karungu 23Ali Lason Oloo P.O. Box 20, Karungu 47Quetar Oure P.O. Box 103, Karungu 24Hezbon Ouko P.O. Box 22, Karungu 48Tom Codo P.O. Box 77, Karungu 49Charles Masanga P.O. Box 50, Karungu 73Paul Okaka P.O. Box 50, Karungu 50Richard Obonyo P.O. Box 60, Karungu 74Oyando Harrison P.O. Box 33, Karungu 51Harrison Odiwa P.O. Box 65, Karungu 75Odero Johnson P.O. Box 21, Karungu 52David O. Orata P.O. Box 46, Karungu 76Maurice Ogalo P.O. Box 60, Karungu 53Janes Wao P.O. Box 36, Karungu 77Philip Okong'o P.O. Box 106, Karungu 54Johnson Obuyo P.O. Box 36, Karungu 78Jaspheir Osogo P.O. Box 108, Karungu 55Samson Arwa P.O. Box 14, Karungu 79Samwel Onyango P.O. Box 130, Karungu 56Meshack Konje P.O. Box 33, Karungu 80Peter Ochieng' P.O. Box 120, Karungu 57Dismas Ater P.O. Box 13, Karungu 81Ochieng Aluoch P.O. Box 47, Karungu 58Kennedy Odhiambo P.O. Box 47, Karungu 82Raphaeal Ojiwa P.O. Box 178, Karungu 59Mark Obia P.O. Box 29, Karungu 83Jackton A. Nyagilo P.O. Box 139, Karungu 60Jeremia Juma P.O. Box 47, Karungu 84Aloice Ndiege P.O. Box 65, Karungu 61Wilson Osuago P.O. Box 50, Karungu 85Francies Owuor P.O. Box 51, Karungu 62Paul Opiyo P.O. Box 29, Karungu 86Ken Nyangwecha P.O. Box 46, Karungu 63Dan Alila P.O. Box 141, Karungu 87James M. Omino P.O. Box 36, Karungu 64Samson Orondo P.O. Box 2, Muhuru 88Dickson Otieno P.O. Box 69, Karungu P.O. Box 2, Muhuru, 65Symonds Orondo Bay 89Peter O. Odero P.O. Box 51, Karungu 66Maricus Nyadimo P.O. Box 27, Karungu 90Romanus Ngau P.O. Box 69, Karungu

32 67Dancan Ndiro P.O. Box 13, Karungu 91Mark A. Wambogo P.O. Box 51, Karungu 68Vicktar Soti P.O. Box 18, Karungu 92Joseph Otieno P.O. Box 51, Karungu 69Elly Owuoti P.O. Box 29, Karungu 93Lawrence Ododa P.O. Box 117, Karungu 70Rael Odundo P.O. Box 94, Karungu 94Michael Kokeno P.O. Box 60, Karungu 71Isaack Bungu P.O. Box 94, Karungu 95John Okeyo P.O. Box 77, Karungu 72John Otieno P.O. Box 153, Karungu 96Symon Ochola P.O. Box 77, Karungu P.O.Box 80, Otoch 97Elias Oguda P.O. Box 77, Karungu 121Peter Nyambori India Rakuom 98Moses Okoth P.O. Box 77, Karungu 122Moses Nsioje P.O. Box 23, Karungu 99Samson O. Ngao P.O.Box 161, Karungu 123John O. Ogira P.O. Box 8, Karungu 100John O. Yara P.O. Box 20, Karungu 124Martin Ojwang O. P.O. Macalder 101Peter Magolo P.O. Box 20, Karungu 125Johnson Onjunju P.O. Box 8, Nyatike 102Dominick Kasera P.O. Box 82, Karungu 126Mary Otieno P.O. Box 41, Macalder 103Lawrence O. Otieno P.O. Box 29, Karungu 127Jacob Molla P.O. Box 5, Suna Mirogi 104John Ogola Nyabuon P.O. Box 81, Karungu 128Peter Muga P.O. Box 8, Karungu 105Joseph Tiany Nyalo P.O. Box 50, Karungu 129E.N. Makalwanga P.O. Box 46, Karungu 106Robinson Odari P.O. Box 12, Karungu 130Cllr. John O. Mango P.O. Box 985, Karungu 107Rasto Odoyo P.O. Box 15, Karungu 131Konunga Samwel P.O. Box 10, Nyatike 108Erest Oracho P.O. Box 12, Karungu 132Richard Ogur P.O. Box 607, Nyatike 109Dickson Ondiwa P.O. Box 51, Karungu 133Margaret Ogur P.O. Box 607, Nyatike Odhiambo Otieno 110George P.O. Box 64, Nyatike 134Jacob Onuga Adendi P.O. Box 27, Nyatike 111Joseph O. Oguttu P.O. Box 964, Suna 135Albert Onuko PP.O. Box 29, Nyatike P.O. Box 8, Otoch 112Symon Awidhi Rakuom 136Silvanus Ochungo P.O. Box 55, Nyatike Samwel Obonyo P.O. Box 27, Otoch 113Ogengo Rakuom 137Charles Ogutu P.O. Box 612, Nyatike 114John O. Khotuody P.O. Box 92, Ndhiwa 138Major Sila Aranga P.O. Box 29, Nyatike P.O. Box 20, Gunga 115Lukas O. Yara School 139Silferious Ongoro EAST KADEM P.O. Box 504, Suna 116Peter Obosi Okota P.O. Box 56, Otho 140Maurice Marera Migori 117Dorothy A. Oguda P.O. Box 866, Suna 141Elijah Asiago P.O. Box 62, Nyatike P.O.Box 91,Othoch 118Ouma Olare Oluoch P.O. Box 007, Suna 142Johson Miluo Rakuom Jackson Siso 119Kolweya P.O. Box 62, Macalder 143Cyprian Otuodi P.O. Box 62, Nyatike Zakayo Opiyo Wangel Longo Primay 120Kerario P.O. Box73, Mohuru 144Aloys Kdiwa Sch. P.O. Box 54, Kinaye 145John Asimba Sch. 169Cllr. David Okelo P.O.Box 384, Suna P.O.Box 1,Otoch P.O. Box 8, 146Richard Ogiro Rakuom 170Pancracius Okanga Wang'eLong'o P.O.Box 1,Otoch 147Paul Nyitambe Otieno Rakuom 171Onduso Dickson P.O.Box 23, Macalder P.O.Box 1,Otoch 148Amara George Rakuom 172Snr. Asst Chief Odek P.O.Box 86, Macalder

33 149Alex Ochieng P.O. Box 29, OTHO 173Silas S. Ngoje P.O. Box 62, Macalder 150Stephen Herenga P.O. Box 31, Muhru 174David Adendi P.O. Box 23, Muhuru 151Paulo Inda Marera P.O. Box 8, OTHO 175Joseph Lago P.O.Box 62, macalder 152John Otieno kagose P.O. Box 26, OTHO 176John O. Otenga P.O. Box 29, Otho 153Dio Nyarasi P.O. Box 38, Ong'er 177Ezra Omolo P.O.Box 94, OTHO 154Mark O. Ochungo P.O. Box 55, OTHO 178William O. Abiero P.O. Box 44, OTHO 155Jackson Oyugi Okoth P.O. Box 84, OTHO 179Elfas Mbewa P.O. Box 46, OTHO 156Samuel Owino Amolo P.O. Box 8, OTHO 180Martin Ogwari Oyier P.O.Box 26, Ageng'a 157Alfred Oteko Ownio P.O. Box 86, OTHO 181Paul Amara Olimo P.O. Box 82, TULU 158Joseph Kwaka P.O. AGENG'A 182Nelson Ochieng' P.O. Box 8, OTHO Edward Ochieng' 159Elisha P.O. Box 38, Nyatike 183Andrew Ojung'a P.O. Box 23, Macalder 160Benson Abich Ogur P.O. Box 46, OTHO 184Okeyo Magather P.O. Box 50, Nyatike 161George Opon P.O.Box 8, Nyatike 185George Kinyaga P.O. Box 23, Karungu P.O. Box 520, 162Joshua Ouma P.O. Box 41, Nyatike 186Joseph Ojowi Nyandema 163Cllr. Janes A. Oyaro P.O. Box 31, Muhuru 187Maurice O. Olem P.O.Box 82, OTHO P.O. Box 320, 164Joseph Mola P.O. Luanda Karungu 188Elphas Ariri Nyandago 165Odhiambo Ochieng' P.O. Box 86, Nyatike 189Philip N. Oyier P.O. Box 44, OTHO 166Joseph Anyuor P.O. Box 64, Ageng'a 190Polycrp o. Ologi P.O. Box 10, Macalder 167Peter Ouma Nyong'o P.O. Box 27, OTHO 191Dickson Ooko None 168Isaiah Jakech P.O. LUALA RABUOR 192John Aloo None

34